MB7-21599

MB7-21599

The panel accepted the claimant's factual allegations of past robberies and a break-and-enter but found they were random criminal acts without nexus to a Convention ground; the claimant's conduct and available family and social supports demonstrated capacity to avoid isolation and airport vulnerability; on the balance of probabilities the claimant did not establish a personal risk to life or risk of cruel and unusual treatment or persecution on a Convention ground, therefore the claim fails under section 96 and subsection 97(1)(b) IRPA.

Citation
MB7-21599
Parties
Claimant: XXXX XXXX XXXX XXXX; Respondent: Minister
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
13 September 2018
Procedural Posture
Refugee Protection Claim Under the Immigration and Refugee Protection Act / Final Decision (reasons and Decision)
Outcome
refugee protection claim rejected
Legal Topics
Convention Refugee, Person in Need of Protection, Gender Related Persecution, Credibility Assessment, Risk of Torture, Risk to Life, Cruel and Unusual Treatment
Source Language
English
Immigration Refugee Law Administrative Law Convention Refugee Person in Need of Protection Gender Related Persecution Credibility Assessment Risk of Torture +2 more

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Parties

XXXX XXXX XXXX XXXX

Claimant

Minister

Respondent

Procedural Posture

Refugee Protection Claim Under the Immigration and Refugee Protection Act / Final Decision (reasons and Decision)

Legal Issues

  1. 1 Whether the claimant is a Convention refugee under section 96 of the IRPA
  2. 2 Whether the claimant is a person in need of protection under subsection 97(1)(b) of the IRPA
  3. 3 Whether claimant's fear as a single woman establishes nexus to a Convention ground

Ratio Decidendi

The panel accepted the claimant's factual allegations of past robberies and a break-and-enter but found they were random criminal acts without nexus to a Convention ground; the claimant's conduct and available family and social supports demonstrated capacity to avoid isolation and airport vulnerability; on the balance of probabilities the claimant did not establish a personal risk to life or risk of cruel and unusual treatment or persecution on a Convention ground, therefore the claim fails under section 96 and subsection 97(1)(b) IRPA.

Court Disposition

refugee protection claim rejected

Orders

  • Refugee protection claim of XXXX XXXX XXXX XXXX rejected under section 96 and subsection 97(1) of the IRPA